Human Rights Complaints Process

Overview

FAQ's

In Detail

TAKE NOTE (Disclaimer):
Any reference to the “Unofficial Consolidation” of the Yukon Human Rights Act or Regulations refers to documents which incorporate the new 2009 amendments to the Act and Regulations. When using the legislation for official purposes, individuals should refer to the official original documents of the Acts and Regulations printed and published by the Yukon Queen’s Printer which are available from queens.printer@gov.yk.ca or at the Yukon Public Law Library yukon.law.library@gov.yk.ca and at Yukon public libraries.

Who can file a complaint? | Anyone who has reasonable grounds for believing that he/she has experienced discrimination covered by the Yukon Human Rights Act may file a complaint.

What kinds of complaints are covered? | See other sections of this website for the protected areas in which discrimination is prohibited in the Yukon, and for the prohibited grounds for discrimination. Also, the Yukon Human Rights Act covers only activities that are within territorial jurisdiction. This means for example, that employment under federal control, such as for the federal government, and some other federally-regulated activities and services are not covered, like federal government departments, banks, airlines, interprovincial trucking, etc.

WHEN IS A COMPLAINT CONSIDERED TO BE BEYOND THE JURIDICTION OF THE COMMISSION? | The discrimination must have occurred in the Yukon.
Jurisdiction over aboriginal organizations is often complex and unique. A complaint against a First Nations government, including a band council, or a complaint about the administration of reserve lands is federal in nature. But if the band council, or other First Nations government, acts outside the scope of its powers, the answer may not be as simple. Also if the complaint is against a private business located on a reserve, find out if it falls under an industry regulated by the federal or territorial government. Ask for advice from the Commission or consult with a lawyer.

The self-government agreements in the Yukon are still fairly new and untested. Some think that the language in Chapter 13 of the Self Government Agreements includes exclusive power over human rights. If this is so, then the Canadian Commission and the Yukon Commission could not take complaints against these First Nations governments. However, if there are corporations or societies set up by these governments for investments or other activities like service delivery, then it is possible that the Yukon Commission could deal with complaints against these bodies. You can always discuss a particular situation with our Commission. Also, the Commission offers assistance beyond just processing complaints – like advice for solving the situation as well as education and training for First Nations communities and governments.

WHAT MAKES A COMPLAINT “FRIVOLOUS” OR “VEXACIOUS”? | A complaint that is considered frivolous or vexatious will not be investigated. A complaint is vexacious if it is harassing, annoying or drains the resources of the person being complained about. Frivolous complaints are those that are not serious or do not have a sound basis.

What is the time limit for filing a complaint? | The discrimination must have taken place within 18 months before you make a formal complaint, although the Commission may extend the time limit further in certain cases.

What can a complaint accomplish? | Complaints can be resolved and individuals may gain information about what happened and why, or receive an apology or in some cases receive compensation for wage loss or hurt feelings or injury to their dignity. Other remedies can include having a service made available, getting a job back or the development of policies or human rights training in the workplace with the Commission’s help.

Can a complaint be withdrawn? | Yes. A person can withdraw his/her complaint at any time.

How much does it cost? | There is no charge for any service provided by the Commission.

How long does it take? | Some complaints are solved in a couple of months, but the entire process can take a year to two years. Also if a complaint goes to Board of Adjudication it can take longer. However recent changes in the Human Rights Act have given the Commission new tools, which will speed up the process. Also in certain urgent circumstances the Commission can speed up the process.